Certification Forms For Nj Superior Court printable pdf download

OTICE TO THE

– D

IVORCE

ISPUTE

ESOLUTION

LTERNATIVES TO

ONVENTIONAL

ITIGATION

– D

5:4-2(h); C

ESCRIPTIVE

ATERIAL

EQUIRED BY

ULE

ERTIFICATION

ORMS

As part of the July 27 rule amendments that went into effect September 1, the

Supreme Court adopted a new paragraph in Rule 5:4-2 (“Complaint”) that requires the

first pleading of each party in a divorce action to include an affidavit or certification “that

the litigant has been informed of the availability of complementary dispute resolution

(‘CDR’) alternatives to conventional litigation, including but not limited to mediation or

arbitration, and that the litigant has received descriptive literature regarding such CDR

alternatives.” Rule 5:4-2(h) (“Affidavit or Certification of Notification of Complementary

Dispute Resolution Alternatives”). The Court recently adopted a clarifying amendment

to that paragraph, changing “descriptive literature” to “descriptive material.”

In a September 18 Notice to the Bar, I advised that the “descriptive material” was

still in the process of being developed by the Committee on Complementary Dispute

Resolution. The Committee completed its work and submitted the proposed text and

the accompanying certification forms. The Court at its October 10 Administrative

Conference approved the “descriptive material” text and the certification forms, subject

to some final editing.

That final editing having been made, attached as approved by the Supreme

Court is the “descriptive material” on dispute resolution alternatives to conventional

divorce litigation, as referenced in Rule 5:4-2(h). Also attached are the two approved

certification forms relating to the descriptive literature, one for use by self-represented

matrimonial litigants, the other by those litigants represented by counsel. The

descriptive material and certification forms should be used effective immediately.

The descriptive material and certification forms also will be published and posted

by a Notice to the Bar. Questions may be directed to Assistant Director Harry Cassidy

at 609-984-4228.

Note: The adoption of Rule 5:4-2(h) and the promulgation of the attached

descriptive material is in no way intended to indicate any change in the Court’s policy,

grounded in statutes and court rules, against mediation in any matter in which a

temporary or final restraining order has been entered pursuant to the Prevention of

Domestic Violence Act.

/s/ Philip S. Carchman

Philip S. Carchman, J.A.D.

Acting Administrative Director of the Courts

Dated: December 4, 2006

Certification Forms For Nj Superior Court

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